Protecting Children. A Guide to Child Traffic Safety Laws. By Melissa A. Savage Irene T. Kawanabe Jeanne Mejeur Janet B. Goehring James B.

Transcription

1 Executive Summary i Protecting Children A Guide to Child Traffic Safety Laws By Melissa A. Savage Irene T. Kawanabe Jeanne Mejeur Janet B. Goehring James B. Reed William T. Pound, Executive Director 7700 East First Place Denver, Colorado (303) North Capitol Street, N.W., Suite 515 Washington, D.C (202) December

2 ii Protecting Children: A Guide to Child Traffic Safety Laws The is the bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. NCSL provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system. NCSL has three objectives: To improve the quality and effectiveness of state legislatures. To promote policy innovation and communication among state legislatures. To ensure state legislatures a strong, cohesive voice in the federal system. The Conference operates from offices in Denver, Colorado, and Washington, D.C. Printed on recycled paper 2002 by the. All rights reserved. ISBN X

3 Executive Summary iii CONTENTS List of Tables... iv Preface and Acknowledgments... v About the Authors... v Executive Summary... vii 1. Introduction Occupant Protection... 3 Background... 3 Types of Child Safety Seats...5 Air Bags... 7 Pickup Trucks... 9 State Laws Pedestrian and Bicycle Safety Issues...14 Background...14 Walking to School Safely...15 Childhood Bicycling Safety...15 Scooter Safety...18 State Laws Getting to School Safely on the Bus...20 Background...20 Federal Action...20 Occupant Protection on School Buses...22 Transporting Preschool-Age Children...23 Use of 15-Passenger Vans for Pupil Transportation...23 Licensing School Bus Drivers...23 Safe Routing of School Buses...24 State Laws Child Endangerment and Drunk Driving...26 Background...26 State Laws...28 iii

4 iv Protecting Children: A Guide to Child Traffic Safety Laws 6. Teen Drivers...30 Background...30 Elements of Graduated Driver Licensing...30 Nighttime Driving Restrictions...31 Minimum Supervised Driving Practice...31 Passenger Restrictions...31 Graduated Driver Licensing Studies...31 Driver s Education...32 Licensing Linked to Non-Driving Issues...32 State Laws Conclusion...34 Appendices A. National Highway Traffic Safety Administration Glossary of Terms Child Passenger Protection...39 B. State Seat Belt Laws...45 C. State Child Occupant Protection Laws...47 D. Children not Covered by Child Restraint or Seat Belt Laws...50 E. State Pickup Truck Laws...52 F. State Drunk Driving Child Endangerment Laws...56 G. State Graduated Licensing Laws...63 Notes...65 References...67 Resources...73 LIST OF TABLES Table 1. Proper Child Safety Seat Use State Bicycle Mandatory Helmet Use Laws Child Alcohol-Related Traffic Fatalities, iv

5 Executive Summary v PREFACE AND ACKNOWLEDGMENTS Protecting Children: A Guide to Child Traffic Safety Laws, is produced by the National Conference of State Legislatures in partnership with the National Highway Traffic Safety Administration (NHTSA). This book is intended to provide information to state legislators and other policymakers about child safety relating to motor vehicles, pedestrian and bicycling issues, school bus safety, child endangerment and teen driving. The authors would like to thank the National Highway Traffic Safety Administration for their support of this effort to educate state legislators and other policymakers about traffic safety issues. Appreciation for reviewing the book and making helpful comments is extended to Steve Blackistone, National Transportation Safety Board and staff members with the National Highway Traffic Safety Administration. Thanks also are extended to NCSL staff who reviewed and assisted with the book: Leann Stelzer, Scott Liddell, Martha King and Matt Sundeen. ABOUT THE AUTHORS Melissa Savage covers traffic safety and transportation issues for the National Conference of State Legislatures. She has authored informational publications regarding transportation issues including school bus safety, occupant protection, photo radar and highway design. Prior to her position at NCSL, Ms. Savage worked in the Office of Legislative Legal Services at the Colorado State General Assembly. She received her master s degree in public administration from the University of Colorado at Denver and her bachelor s degree from Colorado State University. Jan Goehring, an attorney, directs the America s Legislators Back to School Week program for the. Ms. Goehring has also handled traffic safety, aggressive driving, motor carrier and transportation technology issues. She authored numerous reports and articles about transportation and civic education. Prior to her position at NCSL, Ms. Goehring worked at the Denver City Attorney s Office, the Santa Clara County, California, District Attorney s Office and served as a U.S. District Court judicial v

6 vi Protecting Children: A Guide to Child Traffic Safety Laws clerk. She received her law degree from the University of Denver and a bachelor s degree from Stanford University. Irene Kawanabe is an attorney who specializes in traffic safety for the National Conference of State Legislatures. Ms. Kawanabe received her law degree from the University of Denver College of Law, her master s degree from the University of Colorado at Denver and her bachelor s degree from the College of William and Mary. Jeanne Mejeur has been with the for twelve years and is Research Manager in the Legislative Information Services program. She staffs the Research and Committee Staff Section, co-staffs the Labor and Workforce Development Committee, teaches orientation and legal research classes for NCSL staff, works on technical assistance projects for state legislatures and provides Westlaw searches and research assistance for NCSL staff. Her issue areas include drunk driving, consumer protection, labor and employment, property and civil law. Jeanne received a B.A. in political science and an M.A. in public administration from Western Michigan University and a J.D. from Cooley Law School. Prior to coming to NCSL, she served as legal counsel and legislative liaison for a human services organization in Michigan. Jeanne is a 1999 graduate of the Legislative Staff Management Institute. James B. Reed directs the Transportation Program at the National Conference of State Legislatures, the nonprofit, bipartisan organization regarded as the nation s leading authority on state legislative issues. The Transportation Program assists states on numerous public policy issues from traffic safety to radioactive waste transport, through expert testimony, responses to requests for information and in-depth research and analysis. Mr. Reed is the author of dozens of policy briefs, reports, articles and books on various transportation topics. Prior to his fourteen years at NCSL, Mr. Reed worked for the Texas Advisory Commission on Intergovernmental Relations and former U.S. Senator Lloyd Bentsen. He received his master s degree in public affairs from the LBJ School of Public Affairs at the University of Texas and his undergraduate degree in political science from Colorado College.

7 Executive Summary vii EXECUTIVE SUMMARY Motor vehicle crashes cost $32.6 billion in medical care and $230.6 billion in overall expenses each year. According to the National Highway Traffic Safety Administration (NHTSA), every American shares that burden at about $820 per person per year. Each state s economy is affected by the costs associated with motor vehicle crashes. The per capita crash costs for each state vary from roughly $600 to $1,200, or between 1.3 percent and 3.8 percent of the per capita income for each state. On average, crashes cause about 41,000 deaths each year and millions of non-fatal injuries. Most people believe that these fatalities and injuries happen by chance and cannot be prevented. However, most motor vehicle crashes are caused by behaviors that are predictable and preventable. Behaviors such as not wearing seat belts, not using child safety seats and drunk driving can lead to injuries and even fatalities resulting from car crashes. Seat belt use alone saved 11,900 lives, 325,000 serious injuries and $50 billion in medical care, lost productivity and other injury related costs in Therefore, steps to improve traffic safety save both lives and tax dollars. One group most affected by traffic crashes is children. In fact, motor vehicle crashes are the leading cause of fatal unintentional injuries for children between the ages of 4 and 14. In 2001, 2,658 children under age 16 died in car crashes slightly lower than the 2000 toll of 2,811 children. The rate has dropped by nearly 50 percent during the past 25 years. State legislators can take credit for this improvement. Whether by passing stronger child occupant protection laws, endorsing public education efforts or informing their constituents, state legislators play an important role in working toward improved child passenger safety. Occupant Protection and Children As vehicle miles traveled have increased during the last few decades, traffic fatalities have continued to decline. This pattern can be attributed to safer cars, a more educated public and increased seat belt use. One proven way to increase seat belt use is through state seat belt laws. Forty-nine states (New Hampshire is the exception) have seat belt laws and all 50 states have child passenger protection laws. The child passenger protection laws throughout the 50 states are primary enforcement laws: police officers can stop a vehicle solely for violation of this law. (Certain provisions of the child passenger protection laws in Colorado and Nebraska call for secondary enforcement.) Such laws provide protection to most children, but some fail to cover all children in all seating positions. Each year, state legislatures consider hundreds of bills that are designed to strengthen child passenger protection laws and close gaps in coverage. vii

8 viii Protecting Children: A Guide to Child Traffic Safety Laws One gap is protection for child passengers between the ages of 4 and 8. Often, children who reach age 4 are too big for car seats but not big enough to use an adult-sized safety belt. NHTSA recommends that children should ride restrained in booster seats until they are 8 years old, unless they exceed 4 9 in height. Studies have shown that children under 4 9 are too small to ride safely when restrained by an adult-sized seat belt. During the past few years, more and more states have proposed booster seat laws. Today, 13 states have passed laws requiring the use of booster seats. Some opponents of child passenger protection laws argue that the laws pose a burden to low-income families. In answer to this dilemma, many states already have established child safety seat donation and loan programs. Under these programs, low-income families can receive a child safety seat or can borrow one. Some of these programs are funded through private companies and grants; in some cases, funds are generated through fines from child safety law violations. However, some booster seats are relatively inexpensive and cost as little as $20. Since their inception, air bags have been tremendously successful in saving lives. They also have been blamed for the deaths of many young children, however. The primary reason for these deaths was that the child was too small to absorb the force of the inflating air bag. Today, air bag deaths among children have decreased. Some attribute this decrease to public awareness campaigns designed to inform parents about the risks associated with air bag use and the benefits of having children sit in the rear seat. Further, air bag on and off switches are available for vehicles such as pickup trucks that have only front seats. A few states have passed laws requiring that children under a certain age to be seated in the rear seat if they are riding in a vehicle that is equipped with a passenger air bag. The cargo areas of pickup trucks are designed to carry cargo, not passengers. Cargo areas do not meet occupant safety standards that apply to passenger seating positions. However, space limitations inside pickup truck cabs sometimes force passengers to sit in the back. People who ride in these cargo areas are taking a substantial risk. On average, between 1994 and 2000, 63 child fatalities (ages 1 to 17) per year were associated with pickup truck cargo areas. Thirty-one states address passengers riding in the cargo areas of pickup trucks to varying degrees through state law. Pedestrian and Bicycle Safety Issues Children suffer hundreds of injuries each year in pedestrian and bicycle crashes. Communities in many states have joined to increase awareness and safety for pedestrians and bicyclists. Some communities have redesigned streets and sidewalks to ensure a higher level of safety, while others have increased enforcement of current laws. Many states have laws governing pedestrians and bicyclists. Safe streets and neighborhoods are not the only problems facing child pedestrians. Many children ride their bikes, skate and ride scooters. Head injuries among child bicyclists account for nearly 60 percent of fatalities resulting from bicycle crashes. To combat this problem, several states have passed laws requiring helmet use by children.

9 Executive Summary ix Getting to School Safely on the Bus Although some children choose to ride their bikes or walk to school, thousands of others begin and end their day with a trip on a big yellow school bus. Statistically, school bus travel is one of the safest forms of transportation. To keep it that way, safety organizations continue to study current school bus occupant protection and structural guidelines. NHTSA has established Federal Motor Vehicle Safety Standards governing the manufacture of school buses and guidelines for school bus safety. Once these guidelines have been incorporated as state law or regulation, a state then can strengthen the federal standards. A major controversy surrounding school bus travel is occupant protection on the buses. Currently, school buses are equipped with compartmentalized seats, which provide crash protection through protective pockets consisting of strong, closely-spaced seats with energy-absorbing seat backs. In an effort to further protect children, California, Florida, Louisiana, New Jersey and New York have passed laws requiring the installation of seat belts on school buses. To ensure that school bus drivers receive adequate training, some states have passed laws that strengthen school bus driver training and licensing requirements. Most children killed in school bus crashes are pedestrians. These crashes usually occur when the students are getting on or off the school bus. The area surrounding the school bus is extremely dangerous, since passing motorists frequently do not obey the stop arm and illegally pass the school bus. Many states have passed laws that enhance penalties for illegally passing a school bus. Child Endangerment and Drunk Driving Another traffic safety issue facing children is alcohol-related crashes. More than 500 children are killed each year in alcohol-related motor vehicle crashes. In most cases, the children were riding in a vehicle operated by a drunk driver. To combat this problem, at least 27 states have passed laws to protect children and punish those drunk drivers who put them at risk. Teen Drivers Once children reach the teenage years, child passenger protection might not be considered an issue. Fatalities run high, however, among teen drivers and passengers. In an effort to save teen lives, many states have implemented some form of graduated licensing laws. Under these laws, teens receive their licenses gradually after they gain driving experience and, in some cases, take a driver s education course. Other states have gone a step further to place additional restrictions such as restricting the number of passengers and establishing nighttime driving curfews on teen drivers. State legislatures, safety organizations, community groups, law enforcement officials and parents play an important role in reducing childhood deaths and injuries associated with motor vehicle crashes. State legislative efforts not only have helped increase seat belt and child safety seat use but also have reduced the number of child passengers riding in pickup truck beds. The legislative efforts also have helped reduce the number of teen drivers involved in fatal crashes and have helped keep school bus travel one of the safest modes of transportation. The above efforts are only a few of the ways state legislators have worked to

10 x Protecting Children: A Guide to Child Traffic Safety Laws improve traffic safety for children. Suggested improvements to traffic safety are continually raised, and state legislators will continue to pass new laws, strengthen existing laws, and educate the public about how to keep their children safe.

11 Introduction 1 1. INTRODUCTION Motor vehicle travel can be dangerous for children. In fact, the leading cause of fatal injuries to children between the ages of 4 and 14 is car crashes. During the past 25 years much progress has been made in the area of child passenger protection. State laws have been passed, federal standards have been published, and parents have become more educated about how to keep their children safe in the car, on the school bus, while walking and while biking. These new laws, together with educational campaigns have helped to reduce the fatality rate for child passengers by nearly 50 percent over the past 25 years. Although those in the traffic safety community are pleased with the progress that has been made, many feel there is still much work to be done to keep child occupants safe. They believe that the gaps in current state child occupant protection laws need to be closed. State legislatures consider hundreds of bills each session designed to close these gaps and to strengthen current laws designed to keep child occupants safe. Legislators also consider laws to increase safety for child pedestrians and those who ride on school buses. Laws and programs designed to keep young drivers safe also have been passed by state legislatures. These programs include: Education campaigns to raise public awareness about child occupant protection and other traffic safety issues. Community programs to encourage safe walking and biking practices. State agency partnerships with private companies to provide car seats to low-income families. These and other state laws, programs and education campaigns have been shown to effectively promote the use of child safety seats, bike helmets and seat belts, thereby assisting state legislators, parents and other members of the community to help ensure the highest level of safety for child occupants. This book provides state legislators and other interested parties with general information and policy options concerning children and traffic safety. Each chapter provides background information about a specific policy issue. A separate section in each chapter describes state laws on each policy topic. Chapter one discusses child occupant protection issues, including child safety seats, air bags and pickup trucks, in addition to current state laws and programs. Chapter two addresses pedestrian issues facing children, including bicycle helmet laws and walking to school safely. Chapter three details state and federal 1

12 2 Protecting Children: A Guide to Child Traffic Safety Laws laws regarding school buses. Chapter four discusses alcohol-related child endangerment issues. Chapter five provides information related to teen drivers, including graduated licensing laws and other tools designed to keep teen drivers safe. Appendices provide additional information, resources and state-by-state information about laws.

13 Occupant Protection 3 2. OCCUPANT PROTECTION Background As motor vehicle use increased during the 1950s and 1960s, so did injuries and fatalities resulting from crashes. Individuals and groups that were concerned about safety began to scrutinize motor vehicle design. Some argued that most crashes were the result of driver error, while others felt that the crashes could not be prevented and, therefore, the best way to reduce injuries and fatalities was to build more crashworthy cars. What State Legislators Can Do Motor vehicle travel continues to become safer through the passage of new laws and the strengthening of existing laws. However, each year more than 40,000 people are still fatally injured in traffic crashes that cost society $230.6 billion. State legislators can continue to evaluate and improve when necessary existing state child and adult occupant protection laws. By ensuring that the gaps in child passenger protection laws have been closed and parents are aware that the safest place for a child passenger is buckled up in the back seat, additional lives could be saved and injuries prevented. State legislators also can have an effect in their communities. By In 1966, Congress passed the National Traffic and Motor working with community groups and organizations, state legislators Vehicle Safety Act and the Highway Safety Act. These can support child passenger education programs, fitting inspection acts marked the first federal government action regarding stations and car seat loaner programs. motor vehicle injury prevention. The National Highway Safety Bureau, created as a result of the two acts, focused on making changes to motor vehicle and highway design. Today, the National Highway Traffic Safety Administration (NHTSA), an arm of the U.S. Department of Transportation, places major emphasis on occupant protection in motor vehicles. NHTSA works to educate the public regarding a variety of occupant protection issues, publishes motor vehicle safety standards, and conducts studies to evaluate both current traffic safety equipment in motor vehicles and driver behavior. Public awareness campaigns also are used by NHTSA to educate and inform the public about traffic safety issues. These campaigns help to promote traffic safety activities and issues in cities and communities throughout the country. NHTSA sponsors four annual safety events, including Child Passenger Safety Week in February, Buckle Up! America Week in May, Back to School Safely in September, and Operation America Buckles Up Children in November. NHTSA, traffic safety organizations and state legislatures have helped to increase motor vehicle safety and decrease the number of fatalities and injuries associated with crashes. However, thousands of people are killed each year in motor vehicle crashes, including, on average, more than 2,000 children. Children like adults are put at the greatest risk for death and injury by riding unrestrained or improperly restrained in cars. In 1996, the National Transportation Safety Board (NTSB) conducted a study to examine child passenger restraint use. Results of the study indicate that, in 62 percent of the cases, the child 3

14 4 Protecting Children: A Guide to Child Traffic Safety Laws The Four Es According to NHTSA, four basic approaches are used to control motor vehicle injury: Education, Enforcement, Engineering, and Economic Incentive. Through education, the public is presented with information, new skills or training that can be used to reduce the risk of injury. The ultimate purpose is to change behavior. safety seat was used incorrectly. Specifically, the seat was either improperly installed in the motor vehicle or the child was secured improperly. In 1999, the NTSB estimated that approximately 10 million children were riding in child safety seats that were used incorrectly. Further research has shown that about 96 percent of parents think they have installed and are using the safety seat correctly. In reality, studies show that only two of 10 are correctly installed and used. To increase the correct use of child safety seats, the NTSB recommends the establishment of child safety seat fitting inspection stations. Optimally, these fitting inspection stations are staffed with certified child safety seat technicians who are able to provide instruction to parents and guardians about proper child safety seat selection, installation and use. Fitting inspection stations may be established at automotive dealerships, repair shops, firehouses, health centers and at mobile stations. Since the NTSB made its recommendations in 2000, several automobile manufacturers, state safety agencies, fire departments and other agencies have established child safety seat fitting programs. Following the NTSB s recommendations, several states have trained and certified state troopers and fire personnel as child safety seat technicians and have established permanent fitting inspection stations. To protect technicians from liability, Georgia, Maryland and Virginia passed laws that provide immunity if the technicians acted in good faith. Enforcement is a tool that can be used to compel traffic safety. Traffic safety laws provide both regulations and consequences. Roadway improvement, air bags and speed bumps are examples of engineering s role in reducing injuries sustained in motor vehicle crashes. Through safer roads and safer cars, injuries can be reduced. Economic incentives can be used to encourage or deter certain types of behavior. What Happens in a Crash? First, the vehicle hits an object or is hit by another vehicle. The vehicle comes to a sudden stop and buckles and bends as it absorbs the energy. Second, the body strikes the interior of the vehicle at the same speed as the vehicle strikes the object. Energy is transferred from the vehicle to the person. The energy is absorbed either by bending the person or by bending the restraining device. DaimlerChrysler created a program, Fit for A Kid, with permanent fitting inspection stations at dealerships in all 50 states. In partnership with the National SAFE KIDS Campaign, General Motors donated 81 minivans to be used as mobile fitting inspection stations. General Motors also has established 30 permanent fitting inspection stations. The Ford Motor Company established the Boost America program to provide booster seats to low-income families and to support existing fitting inspection stations. Third, the internal collision occurs when the body s organs are propelled against each other and internal structures. This collision often Federal Vehicle Standards causes life-threatening injuries. NHTSA is responsible for publishing Federal Motor Vehicle Safety Standards (FMVSS). Effective April 1, 1971, FMVSS 213 requires that child safety seats must be designed to restrain and protect children in a crash. Further, FMVSS 213 (49 CFR ) requires that child safety seats have the ability to be attached to the vehicle by using the seat belts and that the safety seat distribute rather than concentrate crash forces over the child s torso. An updated standard, which became effective on Jan. 1, 1981, requires a 30-mph crash test with specific results. One goal of the NHTSA standards is to eliminate the sale of inadequate child safety seats. NHTSA recently proposed revisions to the current FMVSS regarding child safety seats. The revisions include updating the seat assembly used to test child restraints; adding state-of-the-art infant and child test dummies and a new, weighted dummy to

15 Occupant Protection better test booster seats; adding new injury criteria to protect against neck injury; and extending the standard to child restraints recommended for use by children up to 65 pounds. NHTSA is responsible for issuing recalls for motor vehicles and other safety items including tires and child safety seats that do not meet FMVSS. NHTSA also maintains a child safety seat recall database to inform parents and other interested parties about child safety seat defects and has established procedures for the public to report safety problems. (See appendix A for the NHTSA glossary of child passenger safety terms). NHTSA Child Passenger Safety Certification Process In 1995, a blue-ribbon panel was created to establish distribution plans for low- or no-cost child safety seats. Once this group established guidelines for distributing the seats, it was made apparent that a standardized training program for child passenger safety was needed. NHTSA coordinated a group of interested organizations to develop and plan for the pilot testing of standardized child passenger safety training. Today, NHTSA has a Standardized Child Passenger Safety Training Course and a certification process for technicians and instructors. This course provides high-quality, consistent training to child passenger technicians across the country. NHTSA maintains a database containing the names and locations of certified technicians. 5 Types of Child Safety Seats Infant-Only Infant-only child safety seats usually are designed to transport infants up to at least age 1 and who weigh up to 20 pounds. These seats are intended to face the rear and usually are equipped with a three-point or five-point harness. Rear-facing child safety seats are designed to protect infants from injury because their necks are not strong enough to support their heads. In a severe frontal crash, it is likely that, if the infant were facing forward, the injuries sustained would cause death. Infant seats are small, lightweight and portable. Some are even equipped with carrying handles. Some models include a detachable base that can be attached, with a seat belt, to the car. The infant is secured in the seat, then the seat is snapped into the base. As with other types of car seats, weight and age limits apply to infant seats. In most cases, infants outgrow their car seats once they weigh more than 20 pounds (although some infant seats can accommodate infants up to 35 pounds). For maximum protection, the top of the infant s head should be no higher than 1 inch from the top of the safety seat. Table 1 provides more information about child safety seats. Convertible Seats These car seats are larger and heavier than infant seats. Such seats are designed to last longer because most can be used for children who weigh between 20 pounds and 40 pounds. These seats can be used as rear-facing infant seats and as forward-facing seats for children more than 1 year old. The seats are designed so infants can remain rear-facing until they meet the weight and age guidelines for a front-facing seat. Some convertible seats have recently been put on the market that can accommodate higher height and weight limits. These seats usually cost more, but in some cases can be used until the child reaches 100 pounds.

16 6 Protecting Children: A Guide to Child Traffic Safety Laws Table 1. Proper Child Safety Seat Use Criteria Infant Toddler/Preschool Young Children Weight Birth to 1 year, at least pounds Between 20 and 40 pounds (older than age 1) More than 40 pounds; ages 4-8, unless 4 9 Type of Seat Infant only or rear-facing convertible Convertible/forward-facing Belt-positioning booster seat Seat Position Rear-facing only Forward-facing Forward-facing Always Be Sure: Children to one year and at least 20 pounds; should be in rear-facing seats Harness straps should be at or above shoulders; most seats require top slot for forward-facing seat Belt positioning booster seats must be used with both lap and shoulder belts Warning Harness straps should be at or below shoulder level All children age 12 and under should ride in the back seat All children age 12 and under should ride in the back seat The lap belt fits low and tight across the lap/upper thigh area and the shoulder belt fits snug crossing the chest and shoulder to avoid abdominal injuries All children age 12 and under should ride in the back seat Source: National Highway Traffic Safety Administration, 2000; and American Academy of Pediatrics, Booster Seats During the last few years, several safety organizations have begun to publicize the need for older children to ride secured in booster seats. Booster seats are designed for children between the ages of 4 and 8 who weigh more than 40 pounds. NHTSA recommends that all children age 12 and under ride in the back seat, properly buckled into age-appropriate safety seats. A study recently conducted by NHTSA showed that only a little more than 6 percent of children who should have been in a booster seat according to age and weight guidelines actually were. Because of this, NHTSA created a public education campaign, Boost Em Before You Buckle Em, to instruct people about booster seats and their use. Many children outgrow their safety seats when they reach 40 pounds. At this point, they should be moved to a booster seat until they are big enough to wear an adult seat belt. According NHTSA, all children who have outgrown child safety seats should be properly restrained in booster seats until they are age 8, unless they are 4 9" in height. Whether the determination is based on height or weight, NHTSA firmly believes that children who are too big for traditional car seats may be too small to use adult-sized shoulder and lap belts. In 1997, the Partners for Child Passenger Safety, a collaborative group including Children s Hospital of Philadelphia, University of Pennsylvania and State Farm Insurance Companies, began collecting data to study child passenger safety in car crashes. The study, which continues through 2003, has developed a child-focused crash surveillance database, conducted phone interviews with drivers to gain details about crashes, and used computerized simulations to reconstruct crashes. The purpose of this study is to gain a better understanding of vehicle characteristics, restraint use and misuse, crash dynamics, and the effects of these elements on child injuries.

17 Occupant Protection 7 Car Seat Loaner Programs One issue facing low-income families is the expense associated with purchasing child safety seats. To address this issue, states, cities and communities have created programs designed to distribute free car seats or to loan car seats to low-income families. Programs like these exist in every state. In some cases, the programs are coordinated at the state level; in other cases, the programs are set up in local communities, cities and counties. One example of such a program is the Child Passenger Safety Program in Ohio, which is coordinated by the Ohio Department of Health. The program distributes child safety seats to low-income families in Ohio. Not only does the program provide car seats to the families, it also provides education about their proper installation and use. The child safety seats for the program are purchased through grant funds and fines from violations of child safety seat laws. Child Restraint Anchorage System NHTSA has issued new regulations to make child safety seat installation easier. The new regulations require forward-facing child safety seats manufactured after Sept. 1, 1999, to have a top tether strap that attaches the back of the safety seat to the shelf behind the rear seat of a passenger car or the seat back or floor of a van or SUV. Most vehicles and child safety seats manufactured after Sept. 1, 2002, must be equipped. By Sept. 1, 2002, new vehicles and child safety seats will be equipped with lower anchors and tethers for children (LATCH) systems, which include two lower anchorage points and top tether systems installed in the back two seating positions in most cars, minivans and light trucks. Air Bags Another issue facing child motor vehicle passengers is air bags. According to the Insurance Institute for Highway Safety, more than 120 million (56 percent) of the more than 211 million cars and light trucks on U.S. roads have driver air bags. More than 95 million (45 percent) of these also have passenger air bags. Another 1 million new vehicles with air bags are being sold each month. As of the 1999 model year, the federal government required automobile manufacturers to install driver and passenger air bags for frontal protection in all cars, light trucks and vans. Air bags energy-absorbing buffers between people and the hard interiors of vehicles inflate in a fraction of a second (1/25 th ) immediately after a serious crash begins. Most air bags are designed to inflate in crashes at speeds above 10 to 12 miles per hour. Air bags installed in the steering wheel for the driver and in the right front instrument panel for the front seat passenger are designed to protect people in serious frontal crashes that account for more than half of all crash deaths. 1 In crashes, the people riding inside a vehicle do not stop moving immediately. Instead, in frontal crashes people continue to move forward as the vehicle s front end crushes. At this point in the crash, air bags and seat belts work together to protect people by allowing them to slow down within the vehicle. Air bags also help protect people s heads and chests by preventing them from hitting the steering wheel, instrument panel or windshield.

18 8 Protecting Children: A Guide to Child Traffic Safety Laws According to NHTSA, more than 7,585 people are alive as of February 2002 because of automobile air bags. Driver deaths are being reduced by 14 percent and passenger deaths by approximately 11 percent. However, the energy required to inflate air bags can injure people who are on top of, or very close to, air bags as they begin to inflate. The injuries occur because of people s positions when the air bags begin to inflate. Many air bag deaths involve people who were not using seatbelts or who were positioned improperly. People who are not using seat belts are at risk because they are likely to move forward if hard braking or other such maneuvers occur before a crash. Most deaths resulting from inflating air bags have been children. The majority of these have been infants in rear-facing seats who were placed in the front seat of vehicles with passenger air bags. In 1996, air bags were blamed for the deaths of 35 children. The use of air bags was increasing during this time, and many were concerned that, as use increased, so would deaths associated with their use. By 2000, however, as the use of air bags continued to increase, the number of children killed by them dropped to 18. Improvements in technology have contributed to the decrease in deaths. However, many safety advocates believe that parents also can take some of the credit; more parents are following safety recommendations to place their children in the back seat. Because the passenger air bag in the front seat is too close to the infant s or child s head, the rear seat is the safest place for children of any age to ride. According to NHTSA s air bags brochure, rear-facing infant seats should never be placed in the front seat if the air bag is turned on. Children age 12 and under should ride in the back seat. 2 The only exception is if the vehicle is specially equipped with sensors that detect a rear-facing infant seat in the front seat and automatically switches off the air bag or if a switch can be used to turn off the passenger air bag. In May 2000, NHTSA issued a rule that will affect some 2004 model year vehicles. The rule requires either that the air bag turn off automatically if a young child is in the front seat or that the air bag deployment is such that it is much less likely to injure the child. The National Transportation Safety Board completed a study in 1996 on the performance and use of child safety restraint systems, seat belts and air bags for children in passenger vehicles. The study analyzed the data from 120 vehicle crashes in a two-year period. Air bags deployed in 13 crashes in which a child was seated in the front passenger seat. In seven of the 13 crashes, the child was either critically injured or killed because of contact with the air bag. As a result of this study, the NTSB issued a series of safety recommendations between 1995 and 1997 to address the dangers that air bags pose to children. Following the NTSB s recommendations, the following actions were taken. The automobile industry sent warning letters and labels to owners of 60 million vehicles on the road at the time that were equipped with air bags, advising the owners about air bag dangers to children. NHTSA required warning labels about the dangers of air bags to children in all newly manufactured vehicles equipped with air bags, effective February 1997.

19 Occupant Protection 9 NHTSA and the automobile and insurance industries initiated the Air Bag and Seat Belt Safety Campaign in May 1996 to educate the public about the importance of seating children in the back seat of vehicles that are equipped with air bags. Since May 1997, automobile manufacturers have been permitted to install depowered air bags in newly manufactured vehicles. Certain at-risk groups can apply for permission from NHTSA to install on-off switches for one or both front air bags. In May 2000, NHTSA established performance criteria for advanced air bags that will be safe for all occupants, regardless of age and size. Child passenger safety literature now advises that children age 12 and under ride in the back seat of a vehicle that is equipped with front passenger air bags. On-off switches allow air bags to be turned on and off. The switch can be installed for the driver, the passenger or both. Beginning Jan. 19, 1998, consumers could choose to have an on-off switch installed for the air bags in certain risk groups. Consumers must certify that they or the vehicle user are in one of four risk groups: 1) infants in rear-facing infant seats; 2) drivers or passengers with unusual medical conditions; 3) children ages 1 to 12 who must ride in the front seat; or 4) drivers who cannot sit 10 inches from the air bag. If eligible, the consumer must fill out an NHTSA request form. Upon approval, NHTSA sends the consumer a letter authorizing an automobile dealer or repair shop to install an on-off switch in the vehicle. NHTSA cites several precautions when a driver chooses to switch off an air bag. First, drivers must remember to turn on the air bag when someone who is not at risk is in the vehicle; the air bags do not automatically switch on. Every on-off switch has a light to remind the consumer when the air bag is turned off. Second, air bags increase the protection from crashes. In some vehicles, the air bag works in conjunction with specifically designed seat belts. In these vehicles, the seat belt yields to avoid concentrating too much force on the chest. The air bag, designed to prevent the occupant from moving too far forward after the seat belt yields, cushions forward movement. Without this cushion, chances are increased that the occupant will hit the vehicle interior. Air bag on-off switches may not be necessary in the future. Automobile manufacturers are developing smart or advanced air bags that may be able to tailor deployment based on crash severity, occupant size and position, or seat belt use. These bags are expected to eliminate the risks attributed to current air bags. Pickup Trucks An additional area of occupant protection that concerns passengers especially children is riding in the cargo areas of pickup trucks. Pickup trucks have become more popular and now represent approximately one in five of the vehicles owned by U.S. households. Approximately 40 million pickups are registered in the United States. Pickups, routinely used to transport children, can be hazardous to the safety of children in several ways.

20 10 Protecting Children: A Guide to Child Traffic Safety Laws The cargo areas of pickup trucks are designed to carry cargo, not passengers. Cargo areas do not meet occupant safety standards that are applicable to passenger seating positions. However space limitations inside the cabs of pickup trucks sometimes force passengers into the back. People who ride in these cargo areas are taking a substantial risk. Most deaths and injuries attributed to pickup truck crashes are a result of passengers being thrown out of the cargo area during a rollover. A person riding in the cargo area of a truck is 26 times more likely to be ejected than a person riding in the cab. Compared with properly buckled cab occupants, the risk of death for those in the cargo area is eight times higher. According to information from the National Children s Center for Rural Agricultural Health and Safety and the Fatality Analysis Recording System maintained by NHTSA, 63 child fatalities (ages 1 to 17) were associated with pickup truck cargo areas, on an annual average between 1994 and Studies from California, Kentucky, Mississippi and Utah show that ejections and falls account for most youth injuries involving pickup truck cargo areas. These studies also indicate that one-third of such injuries occur during non-crash events such as stopping or swerving or involve a youth falling from a moving truck. One-third of the victims were standing up, sitting on the tailgate or horsing around. Truck camper shells do not necessarily prevent ejections from pickup truck cargo areas, and passengers may be injured by the shell or harmed by carbon monoxide fumes that collect in the shell from a leaking or a rear exit exhaust system. Pickup truck cargo area fatalities and injuries commonly occur during summer months, in daylight or dusk hours, on paved roads, and in rural areas. Males are three times more likely than females to sustain injuries that require medical treatment. Statistics from Alberta, Canada, for the period 1995 to 1999 indicate that the average age of injured males was 23 years, the average age of injured females was 16, and 45 percent of injury cases occurred on a Saturday. 3 As previously discussed, air bags can endanger children and most pickups have no back seat to safely seat children. Vehicles other than pickups should be used to transport children whenever possible. In addition, according to a recent Children s Hospital of Philadelphia study, children transported in the rear seats of extended cab compact pickups run a fivefold greater risk of injury than children riding in other vehicles. Finally, recent compilations of death and injury statistics have highlighted the problem of children being killed or injured by SUVs, trucks and minivans backing out of driveways. An article in the Orange County Register on March 24, 2002, documented 14 deaths and nine injuries of this type in Orange County, Calif., since State Laws Child Occupant Protection Today, 49 states New Hampshire is the exception have seat belt laws. Eighteen states Alabama, California, Connecticut, Georgia, Hawaii, Indiana, Iowa, Louisiana, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Texas and Washington and the District of Columbia have primary enforcement seat belt laws that allow police officers to stop a vehicle solely for a seat belt violation. In the remaining 31 states, officers must stop the vehicle for some other traffic offense before they can issue a citation for a seat belt violation; this is known as a secondary offense. (See appendix B.)

21 Occupant Protection 11 Seat belt use is one of the most effective ways to prevent injuries and deaths from motor vehicle crashes. In the states that have primary seat belt enforcement laws, seat belt use is, on average, 17 percentage points higher than in the states that have secondary enforcement laws. By increasing the national seat belt use rate from its current rate of 68 percent to 90 percent, more than 5,500 lives could be saved and approximately 132,000 injuries could be prevented, leading to a savings of $8.8 billion each year, according to NHTSA. The National Safety Council reports that, from 1975 to 1998, seat belts have been credited with saving an estimated 112,086 lives. Seat belt laws for the general population also have a bearing on child passenger protection. A 1996 NHTSA study revealed that, if a driver is wearing a seat belt, 86 percent of the time toddlers also will be restrained. If the driver is not wearing a seat belt, however, the restraint rate for toddlers drops to 24 percent. All 50 states and the District of Columbia have some form of child restraint law, and all are primary enforcement laws. The exceptions are Colorado where the new booster seat law for children ages 4 through 5 allows for secondary enforcement and Nebraska where the law is secondary only for children who may use seat belts and standard for those who must be secured in a child safety seat. Most require the use of child restraint systems by a certain age group of children. Some safety advocacy groups argue that gaps exist in coverage for the child restraint laws in some states. In some cases, the laws fail to cover children in all seating positions or the laws may provide an exemption for out-of-state visitors. Regardless of the current gaps in state laws, 49 percent fewer children died in motor vehicle crashes in 2000, compared to such deaths in (See appendices C and D for Child Safety Seat Laws.) Although the rate of death for children in motor vehicle crashes has declined, thousands of children still die each year and thousands more are injured. Child safety seats and booster seats are an effective way to keep child passengers safe. Children are put at greater risk when they ride unrestrained or improperly restrained in a motor vehicle. NHTSA estimates that, when child safety seats are used correctly, they reduce fatal injuries by 71 percent for infants and by 54 percent for toddlers. In 1999, more than 50 percent of all children ages 5 to 9 who were killed in crashes were completely unrestrained. Booster Seats Arkansas, California and Washington were the first states to pass laws requiring the use of booster seats by children who have outgrown their safety seats. The California law requires children who are age 5 and younger or who weigh less than 60 pounds to ride in a booster seat. In Washington, children between the ages of 4 and 5 and between 40 pounds and 60 pounds are required to use a booster seat. The law in Arkansas requires children 5 years and under and less than 60 pounds to ride restrained in a booster seat. Today, 13 states have some type of booster seat law. Some safety organizations argue that certain new booster seat laws are not strong enough. In a few states, for example, the law covers only children up to 40 pounds. At least 15 states considered similar legislation during the 2002 legislative sessions. Colorado passed a law requiring children between the ages of 4 and 5 to ride restrained in